Nandlal Sah v. The State Of Bihar
Patna High Court CR. APP (SJ) No.1529 of 2018 dt.04-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1529 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ===========================================================
1. Nandlal Sah, S/o Late Yadolal Sah, Resident of Village- Belahi (Rampur), P.S.- Chiraiya, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-05-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with Chiraiya Police Station Case No.211 of 2017 registered under Sections 341/323/379/354B/504/506/34 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the nature of allegation under the Indian Penal Code which was due to land dispute, in my view, the appellant, who is in custody since 14.03.2018, deserves bail. Hence, let the appellant, above named, be released on
Patna High Court CR. APP (SJ) No.1529 of 2018 dt.04-05-2018 bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal is allowed.
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